Disputes with a neighbour over a boundary: first steps

Step 1: Get the documents

1. Order a title search for your land.
2. Obtain the deposited plan for your lot from NSW Land Registry Services. For Torrens title land, the plan shows the boundaries.
3. For old system land, the title deeds contain the measurements.
4. Keep any earlier survey report from when you bought.

The plan gives the measurements. It does not mark the line on the ground.

Step 2: Have a registered surveyor mark the boundary

A registered surveyor can locate the boundary on the ground and give you a report.

You can ask your neighbour to share the cost and give them a copy of the report.

Do this before you build, remove a fence, or raise a complaint.

Step 3: If the dispute is about a fence, use a boundary notice

If you plan to build or repair a dividing fence and you do not agree where the boundary is, you can serve a boundary notice on your neighbour. It is a written notice that you intend to work out where the boundary line is.

Your neighbour then has seven days to peg the boundary or engage their own registered surveyor, and must tell you in writing what they did.

If they do neither, you can engage a surveyor within one month. Survey costs are usually shared equally.

Fencing work itself follows the Dividing Fences Act 1991. If you cannot agree informally, you can serve a fencing notice. Your neighbour has one month to respond. If there is still no agreement, the Local Court or a Local Land Board can make a fencing order.

You cannot recover fencing costs from your neighbour unless you have an agreement or an order.

Step 4: Try mediation

Community Justice Centres offer free mediation for neighbours.

Mediation can be quicker and cheaper than a court or tribunal.

Bring the plan, the survey report and photographs.

Step 5: Where the boundary itself is in doubt

If there is real doubt about where the boundary is, for example where two surveys conflict, you can apply to the Registrar General for a boundary determination under Part 14A of the Real Property Act 1900.

1. You must obtain your own survey first.
2. You lodge the application, supporting documents and fee with NSW Land Registry Services.
3. Adjoining owners are given notice and at least 21 days to make written submissions.
4. The Registrar General decides on the evidence and amends the registered documents if needed.
5. A party who disagrees can appeal to the Land and Environment Court within 28 days of receiving notice of the decision.

When a building crosses the boundary

If a substantial, permanent building crosses the boundary, either owner can apply to the Land and Environment Court under the Encroachment of Buildings Act 1922.

The court can order compensation, order that the encroaching owner receive a transfer, easement or lease of the land built on, or order that the encroachment be removed.

The court considers the circumstances, the value and use of the land, the type of building, and any loss suffered.

Common questions